ECI, WESTI THIO RINA (2020) TANGGUNG JAWAB MUTLAK (STRICT LIABILITY) DALAM PERLINDUNGAN KORBAN KECELAKAAN NUKLIR. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.
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Abstract
Nuclear energy is an alternative energy that can be utilized in various fields of human life, namely food or agriculture, health, industry, natural resources and the environment. It is undeniable that the fact that the use of nuclear power not only has beneficial effects on the community of the user country, nuclear power can also cause negative impacts and losses for victims, if there is negligence or carelessness in its utilization. This research aims to find out how it should setting absolute responsibility for the protection of victims of nuclear accidents. This research is a normative legal research. The legal material collection technique is carried out with literature study, namely by collecting various documents in the form of primary legal materials and secondary legal materials, and reinforced by the results of unstructured interviews conducted with selected informants. The results of the research indicate that there is uncertainty the law for victims of nuclear accidents, because the strict liability in the nuclear law is ambivalent with the explanation. In addition, the regulation of strict liability in the Environmental Protection and Management Act can be said to be not yet comprehensive, because it has not yet set the maximum limit of compensation and reversal of the burden of proof. Whereas the environmental Protection and Management Act is the main guideline for implementing strict liability. Therefore it is necessary to revise so that it does not cause confusion. In addition, a regulation must be formed in the form of a Government Regulation which contains clear technical procedures for payment of compensation. The next step is to issue a Supreme Court Regulation for certainty, orderliness, and smoothness in examining, adjudicating and adjudicating strict liability claims.
| Item Type: | Thesis (S1) |
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| Uncontrolled Keywords: | Nuclear Energy, Victim Protection, Strict Liability. |
| Subjects: | Ilmu Hukum > Pertanahan, Pembangunan dan Lingkungan Hidup |
| Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
| Depositing User: | Editor UAJY |
| Date Deposited: | 02 Feb 2021 09:24 |
| Last Modified: | 02 Feb 2021 09:24 |
| URI: | http://e-journal.uajy.ac.id/id/eprint/23119 |
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